2009 (9) TMI 903

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....on raised in the connected revisions filed by the State is whether the Tribunal was justified in sustaining the first appellate order wherein the appellate authority held that the rate of tax payable on the sale of timber and plywood involved in the execution of works contract is at two per cent as against eight per cent assessed under item Nos. 18 and 19 of the Fourth Schedule to the Kerala Gener....

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....n of works contract on which tax is payable by the respondent. However, the question raised is whether tax payable is at the rate of 2.5 per cent or two per cent as provided in the Fifth Schedule or at the rate of eight per cent as provided in entries 18 and 19 of the Fourth Schedule to the KGST Act. In order to consider the question raised, we have to necessarily refer to the charging section on ....

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....other form) specified in the Fourth Schedule, at the rate specified against such contract in the said Schedule: . . ." It is clear from sub-clause (a) of clause (iv) above that tax on goods is payable at the rate prescribed under First, Second or Fifth Schedule only when the transfer of goods in the execution of works contract takes place in the same form. The respondent has no case that the....

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....hat judgment indicating that timber or plywood used for civil construction work is assessable under the Fifth Schedule. The contention of the counsel for the respondent is that by virtue of the judgment abovereferred, tax on works contract is payable on the value of the goods and not on the intermediary products. We do not think there is any scope for considering this issue because it has no beari....